Pietkiewicz v. Black & Veatch Corporation

Filing 25

PROTECTIVE ORDER, by Magistrate Judge Nina Y. Wang on 12/31/15. (nmarb, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Case No. 1:15-CV-02258-REB-NYW
WAYNE DOUGLAS PIETKIEWICZ,
Plaintiff,
vs.
BLACK & VEATCH CORPORATION,
Defendant.

STIPULATED PROTECTIVE ORDER

The parties, having stipulated to the entry of a Protective Order for certain
documents, and the Court, having made an independent determination that good cause
exists for a protective order for certain documents, HEREBY GRANTS THE PARTIES’
JOINT MOTION FOR ENTRY OF PROTECTIVE ORDER and ENTERS ITS ORDER:
1.

Facts Establishing Good Cause. Plaintiff Wayne Douglas Pietkiewicz

(“Pietkiewicz” or “Plaintiff”) is a former employee of Defendant Black & Veatch Corporation
(“B&V” or “Defendant”). Plaintiff’s lawsuit against Defendant alleges disability and age
discrimination. Defendant denies any allegation of wrongdoing and argues that it acted
in compliance with all applicable laws. The purpose of this Stipulated Protective Order is
to prevent the disclosure of matters deemed confidential or otherwise protected under the
terms of this Order to persons or entities other than those involved in the prosecution or
1

defense of this litigation and to facilitate the exchange of information between the parties.
This Stipulated Protective Order is necessary to protect both the parties and other
persons from potential annoyance and embarrassment, as well as to safeguard
confidential business and proprietary information. Due to the nature of Plaintiff’s
allegations, it is anticipated that discovery in this case may seek the following information
from parties and non-parties: tax, financial, medical and personnel information; other
private or confidential documents regarding the parties and non-parties and Defendant’s
employees; and confidential business information concerning the business of Defendant.
The parties recognize that the public disclosure of such confidential information may
cause injury to Plaintiff, Defendant and/or current or former employees of Defendant not
parties to this litigation. This Stipulated Protective Order protects both Plaintiff and
Defendant and prohibits the public release of use of information deemed confidential
under outside the terms of this Order, while allowing the parties access to
information each seeks to discover and minimizing any potential harmful effects on
either the parties or non-parties. The Court finds that the parties properly seek to
protect such private, confidential, proprietary and/or protected information, as well as
to protect all parties and non-parties from any annoyance or embarrassment that
unrestricted disclosure may potentially cause.
2.

Document Defined. When used in this Stipulated Protective Order,

“Document” means those documents related to personnel, tax, financial and medical
records, and other private or confidential documents that either party or a third party
identifies, locates, produces or otherwise makes available voluntarily or in response to
2

Requests for Production or Interrogatories, any other written discovery, subpoena or
written authorization.
3.

Designation of Documents. Any party to this Stipulated Protective Order

may designate as “Confidential” any Document which it produces and which that party’s
counsel has reviewed and believes in good faith that the information in the Document is
entitled to protection based upon some form of privacy interest, confidentiality interest,
proprietary business or trade secret interest, personnel interest or because the document
contains medical information. The signature of a party’s attorney on a disclosure or on
responses to written discovery requests shall constitute the attorney’s certification that the
attorney has complied with the above requirements with respect to any documents disclosed
or produced with that disclosure or discovery response that are marked confidential. If any
document is designated as confidential, then each page of such document shall be plainly
and clearly marked “Confidential” by the party designating it as such. Deposition transcripts
or portions thereof may also be designated confidential. Such designation shall be made
on the record during the deposition whenever possible, but a party may designate a
deposition transcript or portions thereof as confidential by providing written notice of the
designation to all counsel of record within thirty days after notice by the court reporter of the
completion of the transcript.
4.

Objections to Designation. A party may object to a designation of a

Document as confidential by giving written notice to the party designating the disputed
document. The written objection shall identify the disputed Documents and the basis for the
dispute. If the parties cannot resolve the written objection it shall be the obligation of the
3

designating party to file an appropriate motion requesting that the Court determine whether
the disputed Document should be subject to the terms of this Protective Order. Such motion
must be filed within fifteen business days after the designating party’s receipt of the written
objection. If such a motion is timely filed, the disputed Document shall be treated as
confidential under the terms of this Protective Order until the Court rules on the motion. In
connection with a motion filed under this provision, the party designating the Document as
confidential shall bear the burden of establishing the basis for that designation.
5.

Confidential Documents. Except with the prior written consent of the

designating party or the prior order of this Court, Documents designated as “Confidential”
and the information contained therein shall be used in connection with this litigation only
and shall not be disclosed to any person other than:
a.

The parties to this litigation, including their agents, employees, and
representatives, and their counsel of record;

b.

Employees of the counsel of record who are assigned to assist such
counsel in connection with this litigation;

c.

Third-party experts, consultants, or counsel retained specifically in
connection with this litigation, provided that any such person is given
a copy of this Stipulated Protective Order and agrees to be bound by
its provisions;

d.

Any person who may testify at deposition or at trial in this proceeding,
provided that such person is given notice of the terms of this
Stipulated Protective Order and that all testimony taken concerning
Designated Documents or information contained therein be marked
“Confidential”;

e.

Potential witnesses in the litigation;

f.

The Court and any Court personnel, including court reporters and
persons operating video recording equipment at depositions;
4

g.
h.
6.

Any mediator in this case; and
Any other person to whom the parties agree in writing.

Use of Designated Documents for Motions. In the event a party wishes to

submit any Document designated as “Confidential” with the Clerk of this Court, it shall
first file a motion with the court seeking leave to file the particular Document under seal
pursuant to D.C.COLO.LCivR 7.2. Nothing in this Order will be construed as an Order
by the Court to restrict any document.
7.

Disclosure of Designated Documents. No party receiving a Designated

Document shall disclose it or its contents to any person other than those described in
paragraph 5, and in no event shall such party make any use of such Document other than
for the purpose of this litigation.
8.

Acknowledgment. A person given access to Confidential material under the

terms of Paragraphs 6(c) or (d) of this Order shall not be granted access thereto until
such person has agreed to be bound by the terms of this Stipulated Protective Order and
has signed an acknowledgment in the form attached hereto as “Exhibit A.” Executed
copies of “Exhibit A” shall be maintained by counsel for the party disclosing the
Confidential material to the persons permitted in Paragraphs 6(c)-(d) of this Order. At any
reasonable time, any party may request in writing that all copies of Exhibit A which have
been signed by persons pursuant to this paragraph be provided to that party. Such copies
shall be provided within ten (10) calendar days after receipt of the written request.
9.

Inadvertent Disclosure. In the event of an inadvertent disclosure of a party’s

Confidential information, the party making the inadvertent disclosure shall, upon learning
of the disclosure: (i) promptly notify the person to whom the disclosure was made that it

contains Confidential information subject to this Stipulated Protective Order; and (ii)
promptly make all reasonable efforts to obtain the return of, and preclude dissemination
or use of, the Confidential information by the person to whom disclosure was inadvertently
made.
10.

Objections and Rights Reserved. This Stipulated Protective Order shall not

prejudice the rights of, or prevent, any party from:
a.
b.

Objecting to the offer or introduction of any Document into evidence
on any valid ground at the time such Document is offered;

c.

Redacting confidential information from any Document; or

d.
11.

Objecting on any valid ground to the production of any Document;

Seeking other protection from the Court concerning any Document.

Use at Hearing or Trial. The use at any hearing or at trial of any Document

or information designated as “Confidential” as evidence shall be governed by the Federal
Rules of Evidence and any order by the presiding Judge.
12.

Modification. Any party to this Stipulated Protective Order may apply to the

Court, on reasonable notice to all parties, for relief or modification of any provision of this
Order.
13.

Return of Documents. Within thirty (30) days of the conclusion of this

litigation by settlement, final judgment, or final order, including all appeals, all Designated
Documents, and all copies (except exhibits filed of record) shall be returned by counsel
to the party who had previously produced the Designated Documents, unless the parties
agree otherwise.
6

IT IS THEREFORE ORDERED that the parties’ Joint Motion for Entry of Protective
Order is granted.
IT IS SO ORDERED.
Dated this 31st day of December, 2015.

s/ Nina Y. Wang
United States Magistrate Judge

Approved and submitted by:
S/ J. Mark Baird
J. Mark Baird
Beth Doherty Quinn
Baird Quinn LLC
2036 E. 17th Avenue
Denver, Colorado 80206
Telephone:
[phone]
Facsimile:
[phone]
E-mail: [e-mail]
[e-mail]

S/ Brian J. Zickefoose
Gillian McKean Bidgood
1515 Wynkoop Street, Suite 600
Denver, CO 80202
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]
Brian J. Zickefoose
900 W. 48th Place, Suite 900
Kansas City, MO 64112
Telephone: [phone]
Facsimile: [phone]
E-mail: [e-mail]

7

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO

Case No. 1:15-CV-02258-REB-NYW
WAYNE DOUGLAS PIETKIEWICZ,
Plaintiff,
vs.
BLACK & VEATCH CORPORATION,
Defendant.

The undersigned acknowledges that (s)he has read the Stipulated Protective
Order entered in this action by the U.S. District Court for the District of Colorado, on
,

_, that (s)he understands its terms, and that (s)he agrees to be

bound by that Order.
Dated:

Signature

Printed Name

8